Akbar @ Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7917 of 2020 Arising Out of PS. Case No.-274 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Akbar @ Md. Akbar Son of Mushtaque @ Md. Mushhtaque Resident of Village - Jogender, P.S.- Mahalgaon (Jokihat), District- Araria ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The name of petitioner came in confessional statement of co-accused Nausad and subsequently, on 13.09.2019 police raided the house of the petitioner and arrested him. Police also recovered one jeans pant and mobile from the house of the petitioner. The investigating officer claimed that petitioner accepted that recovered jeans pant was of the deceased. Furthermore, the petitioner confessed his guilt before the police. Learned counsel appearing for the petitioner submits that learned court below has committed error in the impugned

Patna High Court CR. MISC. No.7917 of 2020(3) dt.05-06-2020 2/2 order mentioning that the alleged recovery of jeans pant was made on the basis of confessional statement of petitioner. He further submits that dead body of the deceased was recovered and the inquest report goes to show that at the time of recovery of dead body of the deceased, he had wore lungi and moreover, the so-called recovered jeans pant has not been put on T.I.P. and therefore, except the confessional statement of co-accused as well as petitioner, there appears to be nothing against the petitioner. He further points out that moreover, co-accused Nausad and some others have already been granted privilege of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 274 of 2018.

(Hemant Kumar Srivastava, J) shahzad/- U T